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In 1981, Irish Republican Army and fellow prisoners began a hunger strike within the Maze Prison, calling for the return of their special category status. Ten men ultimately perished; remarkably, their leader, Bobby Sands, was voted in as an MP before his death. The then-Prime Minister adopted a publicly uncompromising position. However, ultimately, in private, the government sought an resolution, and the public mood had changed dramatically.

An Escalating Danger to Lives

The lives of the Palestine Action-affiliated remand prisoners currently refusing food are at increasing risk. Last Friday, two marked day 48 without food. (By comparison, in 1981, one IRA prisoner – 29-year-old Martin Hurson – succumbed on the 46th day.) Twenty-year-old Qesser Zuhrah is being treated in hospital after she was said to have collapsed at HMP Bronzefield. Amu Gib, 30, has likewise received medical care. Three more have refused food for more than 40 days and one other, who has diabetes, is eating only every other day. A further two have since called off their protest, a single protester after being hospitalized.

The Context of Imprisonment

The prisoners are being held for reported criminal damage, aggravated burglary and violent disorder at a factory for Elbit Systems, a defense contractor for Israel, as well as an alleged break-in at RAF Brize Norton. All will have spent more than a year in prison before trial – far exceeding the usual six-month limit. Some may not be face trial until 2027. Their requests consist of prompt release on bail, lifting limits on their communications and revoking the ban on Palestine Action.

The government ought to reconsider proscription not due to this hunger strike, but because it was an illiberal overreaction.

A Striking Contrast in Government Response

There is a striking contrast between the government’s severe enthusiasm in this regard and its lack of action and apparent indifference when faced with the deaths of tens of thousands in a war in Gaza. More than 1,600 arrests linked to support for Palestine Action were made in the three months following the ban’s introduction. Independent reviewers of terrorism laws have argued that proscription orders ought to have time limits. The government does not need to wait for a judicial ruling; it should change its mind now.

The Urgent Issue of Remand

More urgently, it should address the issue of remand. Failures of the justice and penal systems are leading to increasingly lengthy delays and poor prison conditions. No defendant should wait this long for trial. Such lengthy periods on remand are indefensible, apart from in the most extraordinarily grave cases. Legal representatives have noted that defendants could be tagged while waiting for their court date.

Government Inaction and An Appeal for Dialogue

Authorities have stated that prisons handle around 200 hunger strikes a year and are “very experienced” with them. The government is naturally cautious of setting precedents. But it should not simply disregard this in the hope that it will go away. Last week, the failure of the Justice Secretary to reply to MPs’ requests for information was described as “totally unacceptable”. When asked about the prisoners, the Prime Minister’s response was cursory. The government must address the issue and examine the arguments for bail. At present it looks dangerously complacent, given the prisoners’ rapidly deteriorating health.